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Blog Posts in 2014

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  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint.
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint.

    A good percentage of our clients—who currently reside out-of-state—call in a panic upon discovering that their bank accounts are restrained (frozen) due to a default judgment from a New York Court. Is ...

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  • In New York, What Personal Property is Exempt from Creditors?
    In New York, What Personal Property is Exempt from Creditors?

    Below is a general list of what personal property ( real estate is next blog post) is exempt from the reach of your creditors. These exemptions reflect public policy to provide for your reasonable ...

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  • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss
    Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

    In Plummer v. Atlantic Credit & Finance, Inc ., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

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  • Seeking Relief from a Lien or Levy Pending an Appeal (New York)
    Seeking Relief from a Lien or Levy Pending an Appeal (New York)

    Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the cancellation of levies ...

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  • Can a Debt Collector Place a Lien on my Home? Yes, Here's How.
    Can a Debt Collector Place a Lien on my Home? Yes, Here's How.

    Yes. Unsecured creditors who obtain judgments for unpaid debt can docket those judgments to record liens against real property. This is in addition to banks, which obtain mortgage liens consensually ...

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  • Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?
    Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

    This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of 53. For a ...

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